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To determine onmpensation therefor.


describing it, should be used as a site for a school-house for such district; also stating the sum to be paid by such schooldistrict as the just compensation for the same. The said

circuit judge, circuit court commissioner, or justice of the Court to make peace, shall

sign and attach to, and indorse upon the certificate thus subscribed by the said jurors, a certificate stating the time when and the place where the said jury assembled, that they were by him duly sworn as herein required, and that they subscribed the said certificate. He shall also state in such certificate who appeared for the respective parties on such hearing and inquiry, and shall deliver such certificates to the director, or to any member of the district board of such school district.

How. 5119.
As to the oath to the jurors, their duties and the determination of the ne-
cessity and compensation, see notes to Const. xv, 9, 15; xviii, 2, 14.

(4734) SEC. 7. Upon filing such certificates in the circuit court of the county where such real estate is situated, such court shall, if it finds all the proceedings regular, render judg. ment for the sum specified in the certificate signed by such jury, against such school district, which judgment shall be collected and paid in the manner as other judgments against school districts are collected and paid.

of judgment.

How. 5120.

Smith v. Sch. Dist., 40 / 143. Mandamus will not lie to compel a circuit judge to overrule his finding that the proceedings taken for the condemnation of a site were irregular and to compel him to enter judgment for the amount found due.-Sch. Dist. v. Judge, 49 / 432.

When owner is unknown, etc., mpey to be


(4735) SEC. 8. In case the owner of such real estate shall

be unknown, insane, non compos mentis, or an infant, or candeposited with not be found within such county, it shall be lawful for the said

school district to deposit the amount of such judgment with the county treasurer of such county, for the use of the person or persons entitled thereto; and it shall be the duty of such county treasurer to receive such money, and at the time of receiving it, to give a receipt or certificate to the person depositing the same with him, stating the time when such deposit was made, and for what purpose; and such county treasurer and his sureties shall be liable on his bond for any money which shall come into his hands under the provisions of this act, in case

he shall refuse to pay or account for the same, as herein reProviso-how quired: Provided, That no such money shall be drawn from

such county treasurer, except upon an order of the circuit court, circuit court commissioner, or judge of probate, as hereinafter provided.

money to be drawn from county treasurer.

How. 5121.

(4736) Sec. 9. Upon satisfactory evidence being presented to the circuit court of the county where such real estate lies, that such judgment, or the sum ascertained and determined by the jury as the just compensation to be paid by such district for such site, has been paid, or that the amount thereof

court to decree


has been deposited according to the provisions of the preced. On payment ing sections, such court shall, by an order or decree, adjudge title vested in and determine that the title in fee of such real estate shall, from the time of making such payment or deposit, forever thereafter be vested in such school district and its successors and assigns, and shall, in and by such order or decree, award to such school district a writ of possession for the recovery of the possession of such real estate; a copy of which order or decree, certified by the clerk of said county, shall be recorded Copy of decree

to be reourded. in the office of the register of deeds of such county, and the title of such real estate shall thenceforth, from the time of making such payment or deposit, be vested forever thereafter in such district and its successors and assigns in fee.

How, 5122.


(4737) SEC. 10. Such school district may, at any time after making the payment or deposit hereinbefore required, enter upon and take possession of such real estate for the use of When district said district. And it shall be the duty of the county clerk of said county, on the request of said school district, to issue out of and under the seal of the circuit court of said county a writ of possession as awarded in such order or decree; which Writ of writ shall be directed to the sheriff of said county, and shall polisesse an to be tested and made returnable, and shall be substantially, so county clerk far as may be, in the same form provided for writs of possession in actions of ejectment; and it shall be the duty of such sheriff thereupon to remove the respondent or respondents in Sheriff to such proceedings, and all persons holding under them or either remove

respondent. of them, from the real estate described in such decree and in such writ, and deliver the possession thereof with the appurtenances to such school district.

be by

How. 5123.

(4738) SEC. 11. In case the jury hereinbefore provided for When jury

disagrees, proshall not agree, another jury may be summoned in the same ceedings may

be manner, and the same proceedings may be had, except that no and new jury further notice of the proceedings shall be necessary; but in- summoned. stead of such notice, the judge, commissioner, or justice may adjourn the proceedings to such time as he shall think reasonable, not exceeding thirty days, and shall make the process to summon a jury returnable at such time and place as the said proceedings shall be adjourned to. Such proceedings may be adjourned from time to time by the said judge, or commissioner, or justice, on the application of either party, and for good cause, to be shown by the party applying for such adjournment, unless the other party shall consent to such ad. Adjournmeuts journment; but such adjournments shall not in all exceed not to exceed three months.


How. 5124.

Proceedings in case of

(4739) SEC. 12. In case the said school-house site is encumincumbrances. bered by mortgage, levy, tax sale, or otherwise, as aforesaid,

the mortgagee, or other parties claiming to be interested in said title, shall severally be made a party to the procedure as aforesaid, and shall be authorized upon the filing of the certificate of the jury in the circuit court of said county, to appear before the circuit judge and make proof relative to their pro

portionate claims to the said site, or the compensation to be Duty of made therefor, as determined by said jury. And the said circircuit judges.

cuit judge shall, by decree, settle their several claims in accordance with the rights of the parties respectively, and may divide the sum awarded by said jury between the claimants as in his judgment will be equitable and right, rendering against said district a separate judgment for each of the amounts so awarded.

How. 5125.

urer may be drawn,

How money

(4740) SEC. 13. The circuit judge, judge of probate, or cirdeposited with cuit court commissioner of any county where any money has county treas

been deposited with the county treasurer of such county, as
hereinbefore provided, shall, upon the written application of
any person or persons entitled to such money, and upon receiv-
ing satisfactory evidence of the right of such applicant to the
money thus deposited, make an order, directing the county
treasurer to pay the money thus deposited with him to said
applicant; and it shall be the duty of such county treasurer,
on the presentation of such order, with the receipt of the per-
son named therein, indorsed on said order and duly acknowl-
edged, in the same manner as conveyances of real estate are
required to be acknowledged, to pay the same; and such order,
with the receipt of the applicant or person in whose favor the
same shall be drawn, shall, in all courts and places, be pre-
sumptive evidence in favor of such county treasurer, to exoner-
ate him from all liability to any person or persons for said
money thus paid by him.
How. 5126.

Compensation (4741) SEC. 14. Circuit judges, circuit court commissioners, of officers, etc., on proceedings. and justices of the peace, for any services rendered under the

provisions of this act, shall be entitled to the same fees and compensation as for similar services in other special proceedings. Jurors, constables, and sheriffs shall be entitled to the same fees as for like services in civil cases in the circuit court.

How. 5127.

When judge, etc., unable to

may finish pro

(4742) SEC. 15. In case any circuit judge, circuit court comattend, another missioner, or justice of the peace, who shall issue a summons ceedings.

or venire for a jury, shall be unable to attend to any of the subsequent proceedings in such case, any other circuit court commissioner or justice of the peace may attend and finish: said proceedings.

How. 5128.


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(4743) SECTION 1. Whenever any five or more tax-paying Appeal of

electors. electors, having taxable property within any school district, shall feel themselves aggrieved by any action, order, or decision of the board of school inspectors, with reference to the formation, or any division, or consolidation of said school district, they may, at any time within sixty days from the time. of such action on the part of said school inspectors, appeal from such action, order, or decision of said board of school inspectors to the township board of the township in which such school district is situated, and in case of fractional school Appeal in case,

of fractional districts, notice of such appeal shall be served on the clerk of districts. the joint boards of school inspectors who have made the decision appealed from, who shall, within five days, give notice thereof to the township boards of the several townships in which the different parts of said fractional school district are situated, who shall have power, and whose duty it shall be, acting jointly, to entertain such appeal, and review, confirm, set aside, or amend the action, order, or decision of the board of school inspectors thus appealed from; or if in their opinion the appeal is frivolous or without sufficient cause, they may summarily dismiss the same. How. 5129.-Am. 1883, p. 78; App. May 10; Act 82.

ACTION OF INSPECTORS: The board of inspectors act in the exercise * of a public discretionary power in creating or changing districts, which can be reviewed, if at all, only by some direct appellate process which operates upon the proceedings themselves to affirm, reverse or change them.-Clement v. Everest, 29 / 19.

APPEAL: The appeal to the town board is not on legal questions, but transfers to them the same discretionary authority which the inspectors have when there is no appeal. And by appealing, the parties waive those questions which require judicial review and submit themselves to the discretion of the town board; and a certiorari to the town board does not open the doings of the inspectors.-Brody v. Penn Twp. Board, 32 / 273. Where the summary method of reviewing the proceedings by appeal has not been resorted to, there should be some special and extraordinary reasons appearing to justify a resort to quo warranto.-Lord V. Every, 38 / 405. The township board has jurisdiction of appeals from decisions of the board of school inspectors fixing the amount to be paid by an old school district to a new one, where the latter comprises part of the same territory and the former retains the school property.-School Dist. v. Wilcox, 48 / 404. When it seems an appeal could not be taken.-Sch. Dist. v. Sch. Dist. 63 / 57-8.

file statement

(4744) SEC. 2. Said appellants shall, before taking such Appellants to appeal, make out and file with the board of school inspectors, of cause and or in case of fractional school districts to the clerk of the joint demand for boards of school inspectors, a written statement, to be signed by said appellants, setting forth in general terms the action, order, or decision of the board or boards of school inspectors, with respect to which the appellants feel themselves aggrieved, and their demand for an appeal therefrom to the township board or boards of said township or townships, and shall also cause to be executed and signed by one of their number, and by two good and sufficient sureties, to be approved by the clerk of said board or joint boards of school inspectors, or by any justice of the peace of the township, and filed with the clerk of said board or joint boards of school inspectors, a

Appellants to execute and file bond.

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bond to the people of the state of Michigan in the penal sum of
two hundred dollars, conditioned for the due prosecution of
said appeal before said township board or boards acting joint-
ly, and also in case of the dismissal of said appeal as frivolous
by said township board or joint boards, for the payment by
said appellants of all costs occasioned to the township or town.
ships [by reason] of said appeal.
How. 5130.--Am. 1883, p. 78; App. May 10; Act 82.

BOND: The statute is positive in requiring the bond to be approved and it can not be dispensed with.-Clement v. Everest, 29 / 21. The appeal is not complete without such approval.-Id.

When town.

deemed in possession of case.

Duty of in- (4745) SEC. 3. Upon the filing of such appeal papers and spectors when bond with the said board or joint boards of school inspectors,


the said board or joint boards of school inspectors shall, within ten days thereafter, make out and file with the clerk of said township in which the said school-house is located, a full and complete transcript of all their proceedings, actions, orders, or decisions with reference to which the appeal is taken, and of their records of the same; also, said bond and appeal papers, and all petitions and remonstrances, if any, with reference to the matters appealed from; and upon the filing of the same

with the said township clerk, the said township board or ship board

boards shall be deemed to be in possession of the case, and if the return be deemed by them insufficient, may order a further and more complete return by said board or boards of school

inspectors; and when such return shall by them be deemed in the appeal. sufficient, they shall proceed with the consideration of the ap

peal, at such time or times, within ten days after such return, and in such manner and under such affirmation, amendment, or reversal of the action, order, or decision of the board or

boards of school inspectors appealed from, as in their judg. When members ment shall seem to be just and right; or, if they deem the ap

township board cannot

peal to be frivolous, they may summarily dismiss the same;

but the decision of said board or boards of school inspectors mining case.

shall not be altered or reversed, unless a majority of such town.
ship board or boards, not members of said board or boards of
school inspectors, shall so determine.
How. 5131. See cases cited in notes to Section 4743.

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act in deter


Graded school district, organ. izatic n of.


(4746) SECTION 1. Any school district containing more than one hundred children between the ages of five and twenty years may, by a two-thirds vote of the qualified electors present at any annual or special meeting, organize as a graded school district: Provided, That the intention to take such vote shall be expressed in the notice of such annual or special meeting. When such change in the organization of the district shall have been voted, the voters at such annual or special meeting shall proceed immediately to elect by ballot from the qualified voters of the district one trustee for the term of one

Trustee election of,

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